Dawson v. Hardy
Texas Supreme Court
Error from Brazos. Tried below before the Hon. J. E. Shepard. S. O. Brasher, administrator of the estate of John Millican, deceased, brought this suit to the Spring'term, 1881, of the District Court for Brazos county. It was an action on a note for $1967, dated April 19, 1860, due January 1,1861, and executed by E. Norwood, W. J. Millican, E. B. Dawson, Sarah V. Dawson and N. C. Millican to • Brashe-t, as administrator of John Millican.
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Error from Brazos. Tried below before the Hon. J. E. Shepard. S. O. Brasher, administrator of the estate of John Millican, deceased, brought this suit to the Spring'term, 1881, of the District Court for Brazos county. It was an action on a note for $1967, dated April 19, 1860, due January 1,1861, and executed by E. Norwood, W. J. Millican, E. B. Dawson, Sarah V. Dawson and N. C. Millican to • Brashe-t, as administrator of John Millican. Though citations were issued and served, no further action was taken until the Fall term, 1865, when the death of Brasher was suggested, and H. Hardy was made…
1Opinion of the CourtLindsay, J.
The bond for costs required by the statute was not given in this case before the obtention of the writ of error. (See Paschal’s Dig., Art. 1517.) It was not necessary that the administrators should execute such bond. But it was necessary for all the co-defendants to execute such bond before they could invoke the action of this court. The judgment in the district court was taken by default against R. B. Dawson, Sarah Y. Dawson, 17. O. Millican, and the administrators of Wesley J. Millican, a deceased obligor, upon a joint and several note; and execution was ordered against the administrators,…
2Cited by2 opinions
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